Conditions for Claiming Settlement Award. To make a claim, Settlement Class Members must submit a valid and timely Claim Form, which shall contain the information set forth in Exhibit A hereto, including: (i) the Settlement Class Member’s full name or the business name listed as the subscriber for the cellular phone number that received Call(s); (ii) confirmation that the Settlement Class Member, between April 28, 2011 and January 31, 2016, received one or more non-emergency Calls from Defendant to a cellular telephone through the use of an automated dialing system; and (iii) the Settlement Class Member’s election to receive payment either via mailed check or electronic payment. If a Settlement Class Member fails to fully complete a Claim Form, the Claim will be invalid and the Claims Administrator shall send the claimant a notice via e-mail or U.S. Mail advising the claimant that the claim is deficient and stating the reasons it is deficient. Any Settlement Class Member who timely submits an incomplete or inaccurate Claim Form shall be permitted to re-submit a Claim Form within ten (10) business days of the sending of notice of the defect by the Claims Administrator. Class Counsel shall be kept apprised of the volume and nature of defective claims and allowed to communicate with Class Members as they deem appropriate to cure such deficiencies, subject to the previously established deadlines.
Conditions for Claiming Settlement Award. To make a claim, Class Members must submit a valid and timely claim form postmarked or submitted online on or before the date specified in the Notice, which is 95 days from the completion of notice by publication. The claim form shall contain the information set forth in Exhibit B hereto, including: (a) the Class Member’s full name; (b) confirmation that the Class Member, on or after August 17, 2011, was a customer of Xxxxxxx Xxxxx’x Xxxxxxx Edge Advisory Center and/or self-directed online investment platform and received a telephone call from Xxxxxxx Xxxxx while within the State of California and was not informed that the call would be recorded and/or monitored; (c) the approximate date of, and telephone number used to receive each such telephone call; (d) for mailed claim forms, the Class Member’s signature; and (e) for Claim Forms submitted via a web form, the Class Member’s electronic signature. Defendants shall have the right to review the submitted claim forms and deny claims if Defendants have a good faith belief that such claims are improper or fraudulent. If a Class Member fails to fully complete a claim form, the claim form will be invalid.
